TERMS & CONDITIONS OF SALE
"SELLER" Ocean Safety Ltd
"GOODS" Means the articles / items and or services described in the quotation / order.
"ORDER" Means the order placed by the buyer for the supply of goods.
a) All quotations are given and all orders are accepted on these terms, which supersede any other terms and
conditions stipulated, incorporated, referred to or contained in any order or any document of / or communication
from the buyer in the course of negotiations or any other terms, conditions or representations referred to in any
course of dealings between the Seller and the Buyer. All orders hereafter made by the Buyer shall be deemed to be
made subject to those terms and conditions.
b) No modification of these terms shall be effective unless made by an express written agreement between the Seller
(acting through a manager) and the Buyer. The signing by the Seller of any of the Buyer's documentation shall not
imply or effect any such modification.
c) No order shall be binding on the Seller unless and until accepted or confirmed in writing to the Seller. The Seller
reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery
in the event of any of the Buyer's commitments to the Seller not being met.
a) Whilst the Seller will use all reasonable endeavours to keep any stated despatch or delivery date it accepts no
liability whatsoever for loss or damage resulting from delay howsoever the same shall have been caused.
b) If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall
be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss
c) Short shipment, incorrect items or damaged goods of any delivery. The Buyer must note any claim on delivery note
at the time of delivery or collection and shall confirm such claims in writing to the Seller's head office with 5 working
days from the date of delivery or collection. In the case of goods received damaged, the packaging must be
retained for inspection.
Compliance with this requirement shall be condition precedent to any claim. If short deliver takes place, the Buyer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract.
d) Claims for non-delivery must be made within 5 working days of the Seller's invoice date or within the period
specified by an independent carrier whichever is the shorter.
a) The price payable shall be the price in force at the time of delivery.
b) The Seller reserves the right to apply a minimum charge on small value orders.
c) The Seller shall be entitled without prior notice to adjust the price stated to take account of any change in
specification made at the request of the Buyer or any alteration before the date of delivery in the cost of the Seller's
labour, material, sub-contracted services or import or export duties or tariffs or transport or fluctuations in the
currency exchange rate which directly effects the cost to the Seller of supplying of the goods.
d) The price stated is for stipulated quantities only and does not hold good for lesser quantities.
e) All prices quoted are subject to UK standard rates of VAT.
f) All quotations from the Seller must be in writing.
a) Terms of payment are strictly 30 days net invoice date unless otherwise stated.
b) If the Buyer shall fail to make payment in full on the due date then (without prejudice to any other rights of the
Seller) the buyer shall, without the need for the Seller to give notice, become liable to pay the Seller interest on the
amount for the time being unpaid a t the rate of 2.5% per calendar month which shall accrue from day to day and
be calculated from the date of delivery of the goods until the date of actual payment as well after as before any
c) The Seller reserves the right to charge the Buyer with the cost of re-presentation of cheques received from the
Buyer which for whatever reason is not paid on the first presentation for payment at any time, at the amount for the
time being charged by our bank.
d) The seller reserves the right to make a 2.5% charge if any trade credit overdue account is paid by credit card.
a) The seller warrants that goods supplied are free from substantial defects in material and workmanship provided
that the Buyer notifies the company in writing of the alleged defects as soon as it becomes aware of them and in
any event within five (5) working days from the date of delivery.
b) The Seller's liability under this warranty is limited to the repair of the defect or, at the discretion of the Seller, the
provision of replacement goods.
c) The Buyer must return the allegedly defective goods to the Seller using the Seller's delivery note number and
accompanies by an additional Buyer's purchase order.
No goods will be accepted for credit or replacement unless accompanied by an OS Returns Note which is issued by the
Seller. (This excludes faulty goods).
8. RETENTION OF TITLE
All goods delivered by the company will remain the company's property until all debts owed to the company by the buyer, including
any balances existing, are settled. Risk passes to Buyer on delivery of said goods to the Buyer.
9. FORCE MAJEURE
In the event that the Seller is incapable of performing its obligations under any contract because of any event which is unavoidable
and beyond the control of the Seller including judicial or governmental decree, regulation or other direction not the fault of the
Seller, and any natural disaster or Act of God, the Seller will immediately give notice to the Buyer and do everything possible to
resume performance. Upon giving of such notice the contract shall be suspended. If the period of default exceeds 15 days from the
receipt of notice of the Force Majeure event the contract shall thereupon terminate unless the parties have agreed otherwise in
10. CONSEQUENTIAL LOSS
Save in herein expressly provided the Seller shall not be liable for any loss or damage direct or consequential, whether in contract,
tort or otherwise, of whatsoever nature or to whomever or whatsoever cause arising out of or through the use of any of the goods
supplied by them. The Buyer shall indemnify the Seller against claims made against the Seller by any third party in respect thereof.
The Seller's liability shall not under any circumstances whatsoever exceed the value of the goods or the amount of the invoice.
The contract will be automatically terminated in the event of bankruptcy or liquidation, etc, and this relates not only to the contract
but also to the requirement to return goods in respect of which the property will pass until paid for.
13. ENGLISH LAW
Unless otherwise agreed, the contract shall be subject to English Law.